Risks of preventive law enforcement: issues of theory and practice

2021 ◽  
pp. 13-16
Author(s):  
Adelya Rushanovna GAINUTDINOVA
Keyword(s):  
Law Enforcement ◽  
Theory And Practice ◽  
Preventive Law

Stages and methods of legalization of criminal proceeds obtained as a result of economic and tax crimes

2020 ◽  
Vol 2020 (3) ◽  
pp. 148-156
Author(s):  
Pyotr Ivanov
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Economic Security ◽  
Theory And Practice ◽  
Scientific Publications ◽  
The Subject ◽  
Points Of View ◽  
Internal Affairs

In this article, based on the study and analysis of operational-search legislation, scientific publications, law enforcement practice and the criminal situation in the field of legalization, the operationalsearch counteraction to the legalization of income received from the Commission of tax crimes is considered. The paper focuses on the stages (stages) of laundering, the existing points of view on this account, as well as on the methods of illegal withdrawal of funds abroad. The author of the article aimed to develop scientifically based proposals and recommendations for improving the effectiveness of this type of activity by the territorial bodies of internal Affairs and their divisions of economic security and anti-corruption. It is proposed to put forward and work out operational search versions within the subject of study, as well as to develop, taking into account the methods (schemes) used by criminals to launder criminal proceeds and illegally withdraw funds abroad for the purpose of their subsequent legalization, operational search measures to document their criminal actions. In addition, the author recommends constant monitoring of money laundering methods based on operational and investigative practices. The results and key conclusions formulated in this article can be used in the theory and practice of operational investigative activities of internal Affairs bodies to counteract the legalization of income received from tax crimes.

Criminal law measures to combat provocation of crimes and falsification of criminals

2021 ◽  
pp. 127
Author(s):  
Viktor N. Borkov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
Actual Problem ◽  
The Individual

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.

scholarly journals Drug Law Enforcement Revisited: The “War” Against the War on Drugs

2017 ◽  
Vol 47 (3) ◽  
pp. 396-404 ◽  
Author(s):  
Konstantinos Alexandris Polomarkakis
Keyword(s):  
Public Health ◽  
Law Enforcement ◽  
Illicit Drug ◽  
War On Drugs ◽  
Theory And Practice ◽  
Policy Choice ◽  
Drug Control ◽  
Drug Markets ◽  
Drug Law ◽  
Drug Law Enforcement

From the closure of London’s nightclub Fabric to Duterte’s drug war, law enforcement has become the policy choice par excellence for drug control by stakeholders around the globe, creating a rift between theory and practice, the former vehemently dismissing most of its alleged benefits. This article provides a fresh look on the said regime, through examining its implications in the key areas of illicit drug markets, public health, and broader society. Instead of adopting a critical stance from the start, as much of the literature does, the issue is evaluated from the perspective of a focus on the logic and rationality of drug law enforcement approaches, to showcase from within how problematic the latter are. The article concludes by suggesting at least a reconceptualization of the concept, to give way to more sophisticated policies for finally tackling the issue of illegal drugs effectively.

scholarly journals Mapping method in research of drug crime regional criminological features (Ukraine taken as an example)

2019 ◽  
Vol 68 ◽  
pp. 01011
Author(s):  
Andriy Babenko ◽  
Ruslan Tarasenko ◽  
Oleksandr Ostrohliadov
Keyword(s):  
Law Enforcement ◽  
Drug Trafficking ◽  
Illicit Drug ◽  
Mapping Method ◽  
Theory And Practice ◽  
Criminological Theory ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Drug Crime ◽  
Illicit Drug Trafficking

General national average drug crime rates on which the contemporary criminological theory and practice is based do not adequately reflect regional peculiarities in the field of illicit drug trafficking as they level high quality/quantity parameters in some areas and their lower values in others. Still, consideration of only national totals in organization of crime counteraction leads to incomplete information, neglecting its negative trends in certain areas, thus, causing aberration of the actual drug crime situation and using improper countermeasures. Under such circumstances the state law enforcement agencies do not operate preemptively against the illicit drug trafficking, do not contain in due time outbreaks of drug crime in certain areas- crime donors, and, as a result, the efficiency of steps aimed at drug addiction prevention as well as crime limitation in total becomes substantively deteriorated. Criminological mapping method enables the territorial police divisions to monitor existing criminological situation, inform the public and other law enforcement agencies on trends and locations of drug crime expansion, and reveal the most affected areas to be able to react promptly to crime pattern changes in regions. The application of this method enabled the evident demonstration of the fact that in Ukraine the Eastern and Southern areas were most affected by drug crime, wherein the affection factor in this part is twice higher than general national value.

Golden Age of Psychodrama at Saint Elizabeths Hospital (1939–2004)

2017 ◽  
Vol 65 (1) ◽  
pp. 9-32
Author(s):  
Dale Richard Buchanan ◽  
David Franklin Swink
Keyword(s):  
United States ◽  
New Zealand ◽  
Criminal Justice ◽  
Law Enforcement ◽  
The United States ◽  
The Body ◽  
Theory And Practice ◽  
Body Of Knowledge ◽  
The World ◽  
Elizabeths Hospital

The Psychodrama Program at Saint Elizabeths Hospital (SEH) was founded by J. L. Moreno, MD, and contributed to the profession for 65 years. A strong case can be made that, next to the Moreno Institute, the SEH psychodrama program was the most influential center for psychodrama in the United States and the world. This article describes those contributions, including training 16% of all certified psychodramatists; enhancing and advancing the body of knowledge base through more than 50 peer-reviewed published articles or book chapters; pioneering the use of psychodrama in law enforcement and criminal justice; and its trainees making significant contributions to the theory and practice of psychodrama including but not limited to founding psychodrama in Australia and New Zealand.

Criminal Misdemeanor Theory and Practice

2016 ◽  
Author(s):  
Alexandra Natapoff
Keyword(s):  
Law Enforcement ◽  
Process Model ◽  
Due Process ◽  
Theory And Practice ◽  
People Of Color ◽  
General Character ◽  
Criminal Convictions ◽  
The Poor ◽  
Institutional Structures ◽  
Theoretical Overview

The misdemeanor system is a powerful governance tool. Comprising the vast bulk of the U.S. criminal process, it exerts enormous influence over the disadvantaged populations that are its primary clientele, and profoundly shapes the general character of American criminal justice. Characterized largely by speed, informality, and law enforcement discretion, the petty offense process generates millions of criminal convictions and burdensome punishments in ways that depart significantly from the standard due process model of adversarial adjudication, with special implications for the poor and people of color. This article provides a theoretical overview of the petty offense process and its legal and institutional structures, and explains its sociolegal significance for the criminal system as a whole.

scholarly journals CONTRACTUAL BASIS FOR TERMINATION OF CIVIL LEGAL OBLIGATIONS: PROBLEMS OF THEORY AND PRACTICE OF APPLICATION

2021 ◽  
Vol 31 (6) ◽  
pp. 1054-1058
Author(s):  
N.V. Kuznetsova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Theory And Practice ◽  
Freedom Of Contract ◽  
Judicial Practice ◽  
Legal Obligations ◽  
Problematic Issue ◽  
The Russian Federation

The article considers contractual grounds for termination of civil obligations: compensation, innovation, debt forgiveness. The paper notes some problems of the application of Articles 409, 414, 415 of the Civil Code of the Russian Federation in judicial practice, analyzes the issues of the ratio of compensation and innovation, the differentiation of these contracts. The problems of qualification of agreements on the grounds for termination of obligations in law enforcement practice and the question of applying the principle of freedom of contract to the relations under consideration are considered. It is noted that at present the practice of applying the legislation on compensation has changed significantly. Despite the restrictions established by the norm of Article 409 of the Civil Code of the Russian Federation, judicial practice allows the possibility of using works and services as a subject of compensation, which leads to problems of distinguishing such contractual grounds for termination of obligations as compensation and innovation. With regard to the innovation, an analysis of the provisions on the possibility of novating the penalty into a loan obligation is given. A problematic issue is the legal qualification of debt forgiveness as a basis for termination of an obligation. It is noted that the contractual nature of debt forgiveness should be taken into account. Acceptance of notification by the debtor's creditor of his release from the performance of his duty is the silence of the debtor (clause 2 of Article 438 of the Civil Code of the Russian Federation). The article also considers the question of the ratio of debt forgiveness and donation. The analysis of judicial practice shows that the courts do not consider debt forgiveness as a gift, except in cases when the creditor released the debtor from the performance of the obligation free of charge. In this case, the norms of Article 168 of the Civil Code of the Russian Federation and paragraph 4 of Article 575 of the Civil Code of the Russian Federation are subject to the application of debt forgiveness.

scholarly journals Criminality Countermeasures Through Attainment Scientific Truth and Its Practical Implementation in Works and Law Enforcement of Professor V.S. Ishigeyev

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Tatyana Sudakova ◽  
Irina Kravchenko ◽  
Svetlana Koryagina
Keyword(s):  
Law Enforcement ◽  
Criminal Behavior ◽  
Theory And Practice ◽  
Practical Implementation ◽  
State University ◽  
Successful Work ◽  
Advocacy Activity ◽  
The Russian Federation ◽  
Scientific Truth ◽  
Enforcement Activity

The sphere of scientific interests of Doctor habil. in Law, Professor V.S. Ishigeyev is a reflection of multiversity and remarkability of his personality and is determined both by the previous and currently implemented experience of practical law enforcement activity. Criminal behavior countermeasure as an aggregate of multi-aspect measures of criminal and criminological, in particular, policy is regarded by him through the measures of penitentiary prevention, criminalistics and criminal-legal support of their efficiency. Establishment of the professors scientific sphere was connected with criminalistic works and thesis research which became a deflection of his successful work in the interior affairs bodies and his academic activity in the Chair of Criminal and Legal Disciplines of Irkutsk Branch of Khabarovsk Law Enforcement Academy (now East-Siberian Institute of Ministry of Interior Affairs of the Russian Federation). The further scientific studies were connected with problems of penitentiary criminality and measures of it prevention. The thesis research, prepared in the Chair of Criminal Law and Criminology of Baikal State University and devoted to these problems, allowed to develop understanding of the criminal-penitentiary prevention and criminal-penitentiary legislation. V.S. Ishigeyev is an active advocate of developing the teaching of professional criminality and its topical manifestations, the theory and practice of qualification of separate types of crimes and criminal punishment. Being the author of seven monographs, eight study letters, and more than 50 scientific articles of the criminal and legal cycle, Professor Ishigeyev is successfully lending his knowledge and experience, including his practical activities, to his followers, 16 Ph.D. theses were defended under his scientific supervision. At the same time, the Professor is an author of two literary works tht reflect the experience of his advocacy activity.

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